Discovering YOU Magazine PREMIERE 2016 ISSUE #1 | Page 27

Employment Information

There is no single test for determining if an individual is an independent contractor or an employee under the Fair Labor Standards Act. However, the following guidelines should be taken into account:

1. The extent to which the services rendered are an integral part of the principal's business

2. The permanency of the relationship

3. The amount of the alleged contractor's investment in facilities and equipment

4. The nature and degree of control by the principal

5. The alleged contractor's opportunities for profit and loss

6. The amount of initiative, judgment, or foresight in open market competition with others that is required for the success of the claimed independent contractor

7. The degree of independent business organization and operation.

Whether a person is an independent contractor or an employee generally depends on the amount of control exercised by the employer over the work being done. Read Equal Employment Opportunity Laws - Who's Covered? for more information on how to determine whether a person is an independent contractor or an employee, and which are covered under federal laws.

-- From the U.S. Small Business Administration’s website. The link is https://www.sba.gov/starting-business/hire-retain-employees/hire-contractor-or-employee.

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